(HC) Owens v. Koenig

Filing 7

ORDER signed by District Judge John A. Mendez on 8/31/2020 ADOPTING 5 Findings and Recommendations in full. This action is DISMISSED without prejudice. The court DECLINES to issue certificate of appealability. CASE CLOSED. (Zignago, K.)

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1 UNITED STATES DISTRICT COURT 2 FOR THE EASTERN DISTRICT OF CALIFORNIA 3 4 CLAUDE LEE OWENS, 5 Petitioner, 6 7 No. 2:20-1394 JAM KJN P v. ORDER CRAIG KOENIG, 8 Respondent. 9 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 10 11 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 12 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 17, 2020, the magistrate judge filed findings and recommendations herein which 13 14 were served on petitioner and which contained notice to petitioner that any objections to the 15 findings and recommendations were to be filed within fourteen days. Petitioner has not filed 16 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 17 18 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 19 ORDERED that: 20 1. The findings and recommendations filed July 17, 2020, are adopted in full; 21 2. This action is dismissed without prejudice; and 22 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 23 2253. 24 25 26 27 DATED: August 31, 2020 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 28 1

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